Prison Act 1995 · Updated to 12 Dec 2025 · Part IV · Custody and Removal of Prisoners
46E. Eligibility for parole
Feedback & supportA prisoner who is serving a sentence of imprisonment for any offence prescribed in the Fourth Schedule shall not be eligible for parole.
prisoner
“prisoner” means a person, whether convicted or not, under confinement in a prison and in relation to a convicted prisoner, includes a prisoner released on parole;
The Minister may by order published in the Gazette amend the
Minister
“Minister” means the Minister charged with the responsibility for prisons;
Fourth Schedule.
Subject to subsections (4), (5) and (6), a prisoner shall only be eligible to be considered for parole—
if he is sentenced to a minimum of one year imprisonment for any offence other than the offences prescribed in the
Fourth Schedule;
38 Laws of Malaysia ACT 537
subject to subsection (7), after he has served at least half of his term of imprisonment without taking into account the remission of sentence granted to him under section 44;
and
after he has undergone a rehabilitation programme approved by the Commissioner General while serving his sentence of imprisonment.
Where there is a charge for any offence, other than an offence prescribed in the Fourth Schedule, pending in any court against any prisoner, such prisoner shall be eligible to be considered for parole only after the final decision of such pending charge has been made.
prescribed
“prescribed” means prescribed by or under this Act and where the authority is not specified, by the Minister;
Where there is an appeal relating to any offence, other than an offence prescribed in the Fourth Schedule, pending in any court in respect of any prisoner, such prisoner shall be eligible to be considered for parole only after the final decision of such pending appeal has been made.
court
“court” means a court established by or under Part IX of the Federal Constitution and shall include— (a) Syariah Courts; (b) Native Courts; and (c) Military Courts;
Where a prisoner has the right to a pardon relating to any offence, other than an offence prescribed in the Fourth Schedule, such prisoner shall be eligible to be considered for parole—
only after his case has first been brought before a
Pardons Board, unless he is discharged upon pardon, reprieve or respite by the Yang di-Pertuan Agong or
Ruler or Yang di-Pertua Negeri of a State, as the case may be; or
subject to subsection (7), only after he has served at least half of his term of imprisonment without taking into account the remission of sentence granted to him under section 44, whichever is the later.
For the purposes of paragraphs (3)(b) and (6)(b)—
Prison 39
prison
“prison” means any house, building, enclosure or place, or any part thereof, declared to be a prison under section 3 and shall include the grounds and buildings within the prison enclosure and also the airing grounds or other grounds or buildings belonging or attached thereto and used by prisoners;
in relation to such term of imprisonment to be served concurrently, half of the term of imprisonment means half of the longest of such term of imprisonment to be served concurrently; and
in relation to such terms of imprisonment to be served consecutively, half of the term of imprisonment means half of the total of all of such terms of imprisonment to be served consecutively.
Notwithstanding that a prisoner has been granted remission of sentence under section 44, the eligibility of such prisoner to be considered for parole shall not be affected.